Florida accident guide

Do you have to give a recorded statement to the other driver's insurance in Florida?

Written by Dolina Lascaze, Esq., a former prosecutor with about 19 years on the insurance and defense side. Updated October 5, 2026.

Key takeaways

You generally have no duty to give a recorded statement to the other driver's insurer.
You do generally have duties to cooperate with your own insurance company.
Anything you say to an adjuster can be used when the claim is evaluated.
Statements to an officer for the crash report are treated differently under Florida Statutes 316.066.
You can politely decline, get the claim number and call back after getting advice.

The short answer

Generally, no. You do not have a legal duty to give a recorded statement to the other driver's insurance company. You can decline, and declining does not stop you from bringing a claim. Your own insurance company is different: your policy generally requires you to cooperate, report the accident and provide information it reasonably needs.

The distinction matters because the first call you receive after a crash is often from an adjuster who sounds friendly and asks whether you mind if the call is recorded. This guide explains who is calling, what your duties are, how statements are used, and what you can say instead. If you are unsure what to do, a Florida personal injury lawyer can talk it through with you before you say anything on the record. This article is general information, not legal advice.

Who is calling you

After a crash, the other driver's insurance company may call quickly. The adjuster may be friendly. But the adjuster works for the insurer, not for you, and the call is part of evaluating the claim.

In my years on the insurance side, I saw how statements are used. Adjusters are trained to gather facts that allow the company to evaluate fault and injury. That is a legitimate part of the job, and many adjusters are courteous people. But a courteous tone does not change whose interests the call serves. You are not obligated to help the other side build its file while you are still hurt, medicated and unsure what your injuries are.

Your insurer and the other driver's insurer are different

Your own insurance company

You generally have duties to cooperate with your own insurance company, such as reporting the accident and providing information it reasonably needs. Your PIP claim, collision claim and any uninsured motorist claim all run through your own policy, and a failure to cooperate can put those benefits at risk. Read your policy, return calls from your own insurer and answer truthfully. If your insurer asks for a recorded statement or an examination under oath, you may still want legal advice first, but ignoring the request is not a good idea.

The other driver's insurance company

You generally have no duty to give a recorded statement to the other driver's insurer. That insurer owes its duties to its own policyholder. If you are not sure which one is calling, ask for the company name and claim number and call back. Use a phone number you find on the insurer's own website or paperwork, not one given to you in a voicemail.

Why statements can hurt a claim

Guessing about fault, speed or distances can be used against you.
Saying you are fine, when injuries have not yet shown up, can be quoted later.
Describing prior injuries incompletely can look like a contradiction.
Answers taken out of context can seem to change your story.

These risks are bigger than most people expect. Soft tissue injuries and concussions often get worse over the first days. A person who says on day two, "I'm sore but okay," may need an MRI by week three. The recorded line does not show the later facts. It shows the earlier words. Under Florida's comparative fault rule, even a small admission of fault can reduce a recovery, and a plaintiff found more than 50 percent at fault is generally barred (Florida Statutes 768.81).

Questions that sound routine but are not

Adjusters commonly ask open ended questions such as "How are you feeling today?", "Have you ever had back or neck problems?", "Were you looking at your phone?" and "Do you know how fast you were going?" A short, casual answer to any of these can be turned into a position. You are allowed to say you do not want to discuss it yet.

Statements to police are treated differently

Statements you make to a police officer to complete a crash report are treated differently. The report and those statements generally cannot be used as evidence at trial (Florida Statutes 316.066). That protection does not cover what you tell an insurance adjuster.

Florida law also requires crash reporting in certain circumstances (Florida Statutes 316.065), so cooperate with the investigating officer at the scene, be accurate and be polite. Just keep in mind that the protection for crash report statements is narrow, and it should not make you relax when an adjuster calls the next day.

What you can safely do

Give your name and contact information.
Say that you are getting medical care and cannot discuss details yet.
Ask for the adjuster's name, company and claim number.
Say you will call back after you have spoken with a lawyer.

A simple script works well: "I am still receiving medical care and I am not ready to give a statement. Please send me your name, company and claim number, and I will contact you after I have gotten advice." You do not owe an explanation, and you do not have to argue. If the adjuster pushes, repeat the sentence calmly and end the call.

What evidence the insurer will look at besides your statement

Declining a recorded statement does not leave the insurer without a file. It will review the crash report, photographs, vehicle damage, witness accounts, any video, and your medical records as they come in. That is exactly why your own records matter. Take photographs of the scene and your injuries, collect witness contact information, and keep every medical bill and visit summary.

If the insurer needs facts, it can ask for them in writing, and written answers can be reviewed before they are sent. Many people, with a lawyer's help, provide a short written account of the crash instead of a recorded call. That gives the insurer the facts it legitimately needs without an unscripted conversation.

What happens if you already gave a statement

Many people read this after they have already spoken with an adjuster. That does not end your claim. Write down what you remember saying, the date, and the adjuster's name. Do not try to fix the statement by calling back and adding more. Tell your lawyer exactly what was said, including anything you now realize was a guess, and let the lawyer decide whether a clarification in writing makes sense.

Going forward, treat every call the same way. Be courteous, be brief, and move the conversation to writing or to your lawyer. If a different insurer calls, such as one for a vehicle owner or a commercial policy, the same approach applies, and you should keep a log of every contact.

A step by step checklist after the first call

Do not give a recorded statement on the first call.
Write down the caller's name, company, claim number, phone number and the time of the call.
Confirm which insurer it is, and call back using an official number.
Report the accident to your own insurer and cooperate with its reasonable requests.
Get medical care promptly. PIP treatment generally must begin within 14 days (Florida Statutes 627.736), and our Florida 14 day PIP rule guide explains why that deadline matters.
Do not sign broad medical authorizations or releases sent by the other side.
Avoid posting about the crash or your injuries on social media.
Speak with a lawyer before any discussion of fault, injuries or settlement.

Common myths about recorded statements

Myth: I have to give one or I cannot make a claim. Reality: You generally have no duty to give one to the other driver's insurer.
Myth: Refusing makes me look guilty. Reality: Insurers hear this request every day, and a polite refusal is routine.
Myth: The recording protects me because it shows exactly what I said. Reality: It also preserves every guess and every incomplete answer.
Myth: If I tell the truth, nothing I say can hurt me. Reality: Honest but incomplete or early statements can still be used out of context.
Myth: Statements to the police and to the adjuster are the same. Reality: Crash report statements are generally treated differently under Florida Statutes 316.066.

When to call a lawyer

Call before giving any statement if you were injured, if fault is disputed, if there were no witnesses, if an adjuster says you were partly to blame, or if the insurer asks for a medical authorization. Injured people in Aventura, North Miami, Hollywood, Orlando or anywhere in Florida can call Lascaze Law for a free consultation before giving any statement. Whether you are looking for a Miami Gardens accident lawyer, a Pine Hills accident lawyer or someone in Tampa or Jacksonville, the principles are the same.

Once you hire a lawyer, communications with the insurer generally go through the lawyer. That lets you focus on treatment. For another common early pressure point, read our guide on whether to accept a first settlement offer.

How Lascaze Law helps

Lascaze Law offers a free consultation, and you speak directly with attorney Dolina Lascaze, Esq., not only with a call center. The firm's only office is in Aventura, but you do not need to come here. Intake can be done by video call and documents can be signed digitally, so injured people anywhere in Florida can get help from home, whether that is Miami-Dade, Broward, Palm Beach, the Treasure Coast, Central Florida or the Gulf Coast.

Dolina spent about 19 years on the insurance and defense side, as a former prosecutor and then in senior leadership, with trial experience. She now represents injured people. That background means she understands how these claims are evaluated from the inside, and she uses that knowledge for you. No lawyer can promise a result, but you can get a candid assessment before you decide anything. For background on fees, see how car accident lawyers are paid in Florida.

Whether you are looking for a Port St. Lucie accident lawyer, a Riviera Beach accident lawyer or a Lakeland accident lawyer, Florida's rules are the same statewide, and Lascaze Law offers a free consultation to injured people in all of these areas.

Frequently asked questions

Do I have to give a recorded statement to the other driver's insurance in Florida?

Generally, no. You have no duty to give a recorded statement to the other driver's insurer, and declining does not prevent you from making a claim. Your own insurer is different, because your policy generally requires cooperation. If you are unsure which insurer is calling, ask for the company name and claim number and call back.

Can I give a written statement instead?

Often yes. A short written account of the crash, reviewed before it is sent, can give the insurer the basic facts without an unscripted recorded call. Many people have a lawyer review it. Keep it factual, avoid guessing about speed or distance, and do not describe your injuries as minor or resolved while you are still treating.

Do I have to give a recorded statement to my own insurance company?

Your policy generally requires you to cooperate, report the accident and provide information the insurer reasonably needs. Ignoring requests can put your own PIP or uninsured motorist benefits at risk. You may still want legal advice before a recorded statement or examination under oath, and you can ask to schedule it for a time when you are prepared.

Can what I told the police be used against me?

Statements you make to an officer to complete the crash report, and the report itself, generally cannot be used as evidence at trial (Florida Statutes 316.066). That is different from what you tell an insurance adjuster, which can be used in evaluating the claim. Be accurate with the officer, and be careful afterward.

What should I say if an adjuster calls right after the crash?

Give your name, say you are getting medical care and cannot discuss details yet, ask for the adjuster's name, company and claim number, and say you will call back after getting advice. You do not need to explain further. Repeat it calmly if pressed and end the call.

Does refusing a statement hurt my injury claim?

Not by itself. The insurer still has the crash report, photographs, witness information and your medical records to evaluate. What hurts claims is an early, unprepared statement about fault or injuries. Florida generally gives you 2 years to sue for negligence (Florida Statutes 95.11), so there is time to proceed carefully.

When does a lawyer start handling the insurance calls?

Once you hire a lawyer, communications with the insurer generally go through the lawyer. At Lascaze Law you can start with a free consultation and handle intake by video and digital signing from anywhere in Florida. Then the adjuster's calls go to the firm, and you can focus on recovery.

Florida statutes referenced

About the author

Dolina Lascaze, Esq. is the founding and managing attorney of Lascaze Law in Aventura. She began her career as a prosecutor, spent about 19 years on the insurance and defense side, including trial work and senior leadership at a major insurance company, and now represents injured people across Florida. She has tried more than 40 criminal and more than 30 civil cases. Because she has seen how claims are evaluated from the inside, she can explain what insurers look for and how to protect your claim from the start. Read more.

This article is general information, not legal advice. Every case is different, laws change, and nothing here guarantees or predicts the outcome of any case.

Where Lascaze Law helps

Our only office is in Aventura. We represent injured people in these areas and across Florida: